Pires v. Ortiz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*264Order, Supreme Court, Bronx County (Bertram Katz, J.), entered March 30, 2004, which denied defendants’ motion to vacate a default judgment, unanimously affirmed, without costs.
The motion court properly rejected defendants’ claim that they reasonably believed that at all relevant times the action, commenced in June 2000, was being defended by their insurance carrier. It appears that several weeks after defendants mailed the summons and complaint to the carrier as instructed by their insurance broker, the documents were returned to them in the same envelope in which they were sent, albeit…
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